Browse our blog posts on New York non-compete agreement infromation.
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Ga. Appellate Ruling Upholds Blue-Pencilling of NoncompeteIn response to a former employer's appeal of a trial court's whittling down of its noncompete agreement, a Georgia appeals court upheld the noncompete - in part
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Best Strategies for Dealing with TRO Applications in Trade Secret Theft CasesA few months back, I spoke as a panelist about Strategies for Success for TROs and Preliminary Injunctions, Whether You are Seeking or Defending.
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Cooper Discusses Some of the Challenges in Establishing a Trade Secret Theft ClaimAs a panelist at Practising Law Institute, Jonathan Cooper discussed some of the challenges inherent in proving trade secret theft claims under NY law
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Is a Trial Court's Order Denying (or Granting) a TRO Appealable?Given what's at stake when a party seeks emergent injunctive relief, a question that should be asked is what a party can do if the trial court rules against them
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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation CaseIn a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
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Holding Noncompete Non-Binding as to Former Execs, Court Dismisses ClaimsIn a rare decision that cited poor contract drafting as the culprit, a Delaware court dismissed claims that former execs breached their noncompete agreements
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True, Lawyers Can't be Held to Noncompetes in NY; But the Rationale for that Rule is Terribly WeakThere is one case where a noncompete agreement is inherently unenforceable under New York law - when it pertains to lawyers. But the reasoning is weak.
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Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of NoncompeteCircumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment
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Ex-Employees Who Diverted Patients to a Competing Entity Hit with $5.2 Million Compensatory & Punitive Damages AwardIn an August 7 decision, a Florida trial court awarded $5.2MM in compensatory and punitive damages against 2 former employees who unlawfully diverted patients
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How Long a Former Employer Can Enforce Confidentiality of its InformationWhile it's well-known that there are fairly strict time limits on restrictive covenants, what about a former employer's confidential or proprietary information?
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Minnesota Joins Noncompete Ban Pool - and Prohibits Choice of Law Workarounds TooAs of July 1, 2023 Minnesota's ban on noncompetes became effective, and for companies with employees residing there, there may not be a simple workaround
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Belk Sues Former CEO and Competitor Gamestop for Trade Secret Theft, Poaching EmployeesSuing its ex-CEO in North Carolina federal court, Belk accused him of using its confidential salary information to entice a slew of employees to join Gamestop